January 2011 Philippine Supreme Court Decisions on Labor Law and Procedure

Here are selected January 2011 rulings of the Supreme Court of the Philippines on labor law and procedure:

Apprenticeship agreement; validity. The apprenticeship agreements did not indicate the trade or occupation in which the apprentice would be trained; neither was the apprenticeship program approved by the Technical Education and Skills Development Authority (TESDA). These were defective as they were executed in violation of the law and the rules. Moreover, with the expiration of the first agreement and the retention of the employees, the employer, to all intents and purposes, recognized the completion of their training and their acquisition of a regular employee status. To foist upon them the second apprenticeship agreement for a second skill which was not even mentioned in the agreement itself, is a violation of the Labor Code’s implementing rules and is an act manifestly unfair to the employees. Atlanta Industries, Inc. and/or Robert Chan vs.  Aprilito R. Sebolino, et al., G.R. No. 187320, January 26, 2011.

Complaint; reinstatement. Petitioners question the order to reinstate respondents to their former positions, considering that the issue of reinstatement was never brought up before the Court of Appeals and respondents never questioned the award of separation pay to them. Section 2 (c), Rule 7 of the Rules of Court provides that a pleading shall specify the relief sought, but may add a general prayer for such further or other reliefs as may be deemed just and equitable. Under this rule, a court can grant the relief warranted by the allegation and the evidence even if it is not specifically sought by the injured party; the inclusion of a general prayer may justify the grant of a remedy different from or in addition to the specific remedy sought, if the facts alleged in the complaint and the evidence introduced so warrant. The prayer in the complaint for other reliefs equitable and just in the premises justifies the grant of a relief not otherwise specifically prayed for. Therefore, the court may grant relief warranted by the allegations and the proof even if no such relief is prayed for. In the instant case, aside from their specific prayer for reinstatement, respondents, in their separate complaints, prayed for such reliefs which are deemed just and equitable. Prince Transport, Inc. and Mr. Renato Claros vs. Diosdado Garcia, et al., G.R. No. 167291, January 12, 2011.

March 2010 Philippine Supreme Court Decisions on Remedial Law

Here are selected March 2010 rulings of the Supreme Court of the Philippines on remedial law:

Civil Procedure

Actions; action for reformation of instrument; requisites. For an action for reformation of instrument to prosper, the following requisites must concur: (1) there must have been a meeting of the minds of the parties to the contract; (2) the instrument does not express the true intention of the parties; and (3) the failure of the instrument to express the true intention of the parties is due to mistake, fraud, inequitable conduct or accident.  Petitioner having admitted the existence and execution of the instrument, what remains to be resolved is whether the contract expressed the true intention of the parties; if not, whether it was due to mistake, fraud, inequitable conduct or accident.  The onus probandi is upon the party who insists that the contract should be reformed.  Notarized documents, like the deed in question [i.e., “Sale and Transfer of Rights over a Portion of a Parcel of Land”], enjoy the presumption of regularity which can be overturned only by clear, convincing and more than merely preponderant evidence.  This petitioner failed to discharge.  Flordeliza Emilio vs. Bilma Rapal, G.R. No. 181855, March 30, 2010.

Actions; annulment of judgment. The Court finds that petitioner properly availed of the remedy of a petition for annulment of judgment in challenging the Manila RTC Decision.  In his petition with the appellate court, he did not limit his ground to extrinsic fraud, as he invoked as well the Manila RTC’s lack of jurisdiction to annul the proceedings in the Pagadian RTC which is a court of co-equal and coordinate jurisdiction.  Since petitioner’s petition raised lack of jurisdiction, he did not have to allege that the ordinary remedies of new trial, reconsideration or appeal were no longer available through no fault of his.  This is so because a judgment rendered or final order issued by the RTC without jurisdiction is null and void and may be assailed any time either collaterally or in a direct action, or by resisting such judgment or final order in any action or proceeding whenever it is invoked.  Jose Cabaral Tiu v. First Plywood Corporation/Jose Cabaral Tiu vs. Timber Exports, Inc. Angel Domingo, Country Bankers Ins. Corp., Perfecto Mondarte, Jr. and Cesar Dacal, G.R. No. 176123/G.R. No.  185265, March 10, 2010

Actions; attack on title. The petitioners contend that this action for quieting of title should be disallowed because it constituted a collateral attack on OCT No. RO-9969-(O-20449), citing Section 48 of Presidential Decree No. 1529, viz:

Section 48. Certificate not subject to collateral attack.– A certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or cancelled except in a direct proceeding in accordance with law.

The petitioners’ contention is not well taken.  An action or proceeding is deemed an attack on a title when its objective is to nullify the title, thereby challenging the judgment pursuant to which the title was decreed.  The attack is direct when the objective is to annul or set aside such judgment, or enjoin its enforcement. On the other hand, the attack is indirect or collateral when, in an action to obtain a different relief, an attack on the judgment is nevertheless made as an incident thereof.  Teofisto Oño, et al. vs. Vicente N. Lim, G.R. No. 154270, March 9,  2010

March 2010 Philippine Supreme Court Decisions on Criminal Law and Procedure

Here are selected March 2010 rulings of the Supreme Court of the Philippines on criminal law and procedure:

Criminal Law

1.     Revised Penal Code

Acts of lasciviousness; elements. The crime of Acts of Lasciviousness, as defined in Article 336 of the Revised Penal Code, has the following elements: (1) that the offender commits any act of lasciviousness or lewdness; (2) that it is done under any of the following circumstances: (a) by using force or intimidation; or (b) when the offended party is deprived of reason or otherwise unconscious; or (c) when the offended party is under 12 years of age; and (3) that the offended party is another person of either sex. Salvador Flordeliz y Abenojar v. People of the Philippines, G.R. No. 186441, March 3, 2010.

Arson; categories. There are actually two categories of arson, namely: Destructive Arson under Article 320 of the Revised Penal Code and Simple Arson under Presidential Decree No. 1316. Said classification is based on the kind, character and location of the property burned, regardless of the value of the damage caused. Article 320 contemplates the malicious burning of structures, both public and private, hotels, buildings, edifices, trains, vessels, aircraft, factories and other military, government or commercial establishments by any person or group of persons.  On the other hand, Presidential Decree No. 1316 covers houses, dwellings, government buildings, farms, mills, plantations, railways, bus stations, airports, wharves and other industrial establishments. People of the Philippines v. Jessie Villegas Murcia, G.R. No. 182460, March 9, 2010.

Arson; evidence. In the prosecution for the crime of arson, proof of the crime charged is complete where the evidence establishes: (1) the corpus delicti, that is, a fire because of criminal agency; and (2) the identity of the defendant as the one responsible for the crime. In arson, the corpus delicti rule is satisfied by proof of the bare fact of the fire and of it having been intentionally caused. People of the Philippines v. Jessie Villegas Murcia,  G.R. No. 182460, March 9, 2010.

October 2009 Philippine Supreme Court Decisions on Remedial Law

Here are selected October 2009 Philippine Supreme Court decisions on remedial law:

Action;  forum shopping. The essence of forum-shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. Forum-shopping has been defined as the act of a party against whom an adverse judgment has been rendered in one forum, seeking and possibly getting a favorable opinion in another forum, other than by appeal or the special civil action of certiorari, or the institution of two or more actions or proceedings grounded on the same cause on the supposition that one or the other court would make a favorable disposition.

Although the factual antecedents of the cases brought before this Court are the same, they involve different issues. The petition for Mandamus with Injunction and Damages, docketed as Civil Case No. 13013, and raised before this Court as G.R. No. 177795, challenged respondents’ refusal to recognize petitioners’ appointments and to pay petitioners’ salaries, salary adjustments, and other emoluments. The petition only entailed the applications for the issuance of a writ of mandamus and for the award of damages. The present case docketed as G.R. No. 181559, on the other hand, involves the merits of petitioners’ appeal from theinvalidation and revocation of their appointments by the CSC-Field Office, which was affirmed by the CSC-Regional Office, CSC en banc, and the Court of Appeals.  Leah M. Nazareno, et al. vs. City of Dumaguete, et al.,  G.R. No. 181559, October 2, 2009.

Action; forum shopping. The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. This is not the case with respect to the ejectment suit vis-à-vis the action for damages.  Manuel Luis S. Sanchez vs. Republic of the Philippines, Represented by the Department of Education, Culture and Sports,  G.R. No. 172885, October 9, 2009.

Action;  lis pendens. The filing of a notice of lis pendens has a two-fold effect: (1) to keep the subject matter of the litigation within the power of the court until the entry of the final judgment in order to prevent the final judgment from being defeated by successive alienations; and (2) to bind a purchaser, bona fide or not, of the land subject of the litigation to the judgment or decree that the court will promulgate subsequently.

While the trial court has an inherent power to cancel a notice of lis pendens, such power is to be exercised within the express confines of the law. As provided in Section 14, Rule 13 of the 1997 Rules of Civil Procedure, a notice of lis pendens may be cancelled on two grounds: (1) when the annotation was for the purpose of molesting the title of the adverse party, or (2) when the annotation is not necessary to protect the title of the party who caused it to be recorded.  Heirs of Jose Sy Bang, Heirs of Julian Sy and Oscar Sy vs. Rolando Sy, et al./Iluminada Tan, et al. vs. Bartolome Sy, et al,  G.R. No. 114217G.R. No. 150979. October 13, 2009

July 2009 Philippine Supreme Court Decisions on Remedial Law

Here are selected July 2009 Philippine Supreme Court decisions on remedial law:

Action;  certification of non-forum shopping.  Under Section 3, par. 3, Rule 46 of the Rules of Court, a petition for certiorari must be verified and accompanied by a sworn certification of non-forum shopping. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records. On the other hand, a certification of non-forum shopping is a certification under oath by the plaintiff or principal party in the complaint or other initiatory pleading asserting a claim for relief or in a sworn certification annexed thereto and simultaneously filed therewith, (1) that he has not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and no such other action or claim is pending therein; (2) if there is such other pending action or claim, a complete statement of the present status thereof; and (3) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five days therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.

The reason the certification of non-forum shopping is required to be accomplished by the plaintiff or principal party himself is because he has actual knowledge of whether he has initiated similar actions or proceedings in different courts or agencies. In case the plaintiff or principal party is a juridical entity, such as petitioner, the certification may be signed by an authorized person who has personal knowledge of the facts required to be established by the documents.

Although petitioner submitted a verification/certification of non-forum shopping, affiant Edgar L. Chavez had no authority to sign the verification/certification of non-forum shopping attached to the petition filed in the Court of Appeals. The records disclose that the authority of Chavez was to represent petitioner only before the NLRC. Moreover, the board resolution showing such authority was neither certified nor authenticated by the Corporate Secretary. The Corporate Secretary should have attested to the fact that, indeed, petitioner’s Board of Directors had approved a Resolution on August 11, 2005, authorizing Chavez, to file the petition and to sign the verification/certification of non-forum shopping.  Davao Contractors Development Cooperative (DACODECO), represented by Chairman of the Board Engr. L. Chavez vs. Marilyn A. Pasawa, G.R. No. 172174, July 9, 2009.

April 2009 Decisions on Criminal Law, Remedial Law and Legal Ethics

Here are selected April 2009 decisions of the Supreme Court on criminal law, remedial law and legal/judicial ethics:

Criminal Law

Abuse of superior strength. Appellants enjoyed superiority in number (five) over the two victims, clearly showing abuse of superior strength and the force used by them was out of proportion to the means of defense available to the victims. People of the Philippines vs. Rogelio Aleta, Mario Aleta and Jovito Aleta, G.R. No. 179708, April 16, 2009.